You may have recently heard about the new ruling in Massachusetts dealing with “upskirt” photos. According to the judge, under the state’s current laws as the victims are in public and not nude, so taking photos of them, with or without their permission, is technically legal. While this is interesting news for the legal community and the public at large, it’s not something that affects California residents -and not just because the judgement took place in another state. As Vista criminal lawyer Peter M. Liss points out, our state has already taken action to ban this type of activity.
Upskirt photos and videos are those taken of a person’s genitals without their knowledge -often in a public place. While most people believe this is automatically a crime as it is violation of a person’s privacy, the fact is that, as the Massachusetts judge decreed, you are allowed to take pictures of people in public places, as protected by your First Amendment right. Taking photos of someone’s genitals without their knowledge isn’t a First Amendment right, but unless the state has a law preventing this specific kind of behavior, it is legal. In Massachusetts, the ruling led legislators to immediately take action to write a law banning upskirt photography, but in California, there is no rush to write up such a law.
That’s not because our legislators believe it is OK to shoot up someone’s clothing without their knowledge. Instead, if you ask a Vista criminal attorney, he or she will inform you that it’s actually because our disorderly conduct laws prohibit such behavior already, by banning the use of an electronic device to view through or under a person’s clothing without his or her consent.
In fact, back in 2012, a man in Escondido needed to contact a Vista defense lawyer to defend him against such charges after he was caught taking pictures and videos of women with his cell phone. Officers found over 2,000 images and 400 videos of this type on his phone and he was promptly charged with disorderly conduct.
While disorderly conduct is only a misdemeanor, it still can result in a sentence of up to one year in jail and a $2,000 fine. So if you’re into these kinds of images, you might consider looking for them online rather than taking them yourself or you might just need the services of a Vista defense attorney. If you do end up facing charges though, Peter M. Liss can help. Just call (760) 643-4050 to schedule a free initial consultation.
Creative Commons Image by J. Lightning
